New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Lucian T. Pera
Editor-in-Chief, TBALink

In the Matter Of All Assessments, Review of Ad Valorem Assessments of
Public Utility Companies for Tax Year 1998
Court:TSC
Attorneys:
Attorney General Paul G. Summers and Jimmy G. Creecy, Chief Special
Counsel, Office of the Attorney General, Nashville, Tennessee, for
appellant, Tennessee State Board of Equalization.
James W. McBride, Washington, D. C., Stephen D. Goodwin, Memphis,
Tennessee, and Brigid T. Miller, Nashville, Tennessee for
intervenors/appellants, Coalition of Certain Utilities.
T. Arthur Scott, Jr. and Suzanne S. Cook, Kingsport, Tennessee, for
intervenors/appellants, Appalachian Power Company and Kingsport Power
Company.
James L. Charles and Paul Krivacka, Nashville, Tennessee for appellee,
The Metropolitan Government of Nashville and Davidson County.
Jeffrey D. Moseley, Franklin, Tennessee, Donnie E. Wilson, Memphis,
Tennessee, Robert B. Rolwing, Memphis, Tennessee, and Jean Dyer
Harrison, Nashville, Tennessee, for appellees, Shelby and Williamson
Counties.
Judge: DROWOTA
First Paragraph:
This Court granted the applications for permission to appeal submitted
on behalf of the Tennessee Board of Equalization and certain public
utility companies. The purpose of our grant was to consider whether
the Court of Appeals erred in determining that the Board of
Equalization had exceeded its authority in granting a reduction in the
assessed value of certain centrally-assessed public utility tangible
personal property for tax year 1998. We hold that the Board of
Equalization does have the legal authority, as part of the
equalization process, to reduce the appraised value (and the assessed
value) of centrally-assessed public utility property. Such a
reduction is an appropriate remedy where the reduction causes the
appraised value of such centrally-assessed personal property within
each local tax jurisdiction to bear the same ratio to fair market
value as obtains for the personal property within such local
jurisdiction that is appraised and assessed by local taxing
authorities. The judgment of the Court of Appeals is reversed, and
this case is remanded to the Tennessee Board of Equalization for
further proceedings consistent with this opinion.
http://www.tba.org/tba_files/TSC/assessments.wpdMITCHELL BLAIN BINGHAM v. TAMMYANNE BINGHAM
Court:TCA
Attorneys:
W. Troy McDougal, Collegedale, Tennessee, and Richard Ducote, New
Orleans, Louisiana, for the appellant, Tammyanne Bingham.
Sherry B. Paty, Chattanooga, Tennessee, for the appellee, Mitchell
Blain Bingham.
Sandra J. Bott, Chattanooga, Tennessee, for the appellees, Dr. Sam
Bingham and Mary Lynn Bingham.
Judge: SUSANO
First Paragraph:
In this post-divorce case, Mitchell Blain Bingham filed a petition
seeking the custody of his minor child. The trial court, instead,
awarded the child's custody to the child's paternal grandparents, who,
prior to the trial court's order awarding them custody, were not
parties to the action and had not previously petitioned for custody.
Both of the child's parents appeal the award of custody to the
paternal grandparents. We vacate the trial court's judgment and
remand for further proceedings.
http://www.tba.org/tba_files/TCA/binghammb.wpd
JUDD'S INCORPORATED v. DORIS L. MUIR, et al.
Court:TCA
Attorneys:
W. Richard Baker, Jr., Knoxville, Tennessee, for the Appellants, Doris
L. Muir and Allan T. Muir
James H. Ripley, Sevierville, Tennessee, for the Appellee Judd's
Incorporated
Edward H. Hamilton, Sevierville, Tennessee, for the Appellee
Halliday-Tyler Printing, Inc.
Judge: GODDARD
First Paragraph:
In this appeal Doris and Allan Muir insist that the Chancellor was in
error in not allowing their homestead exemption as to certain funds
realized from the sale of real estate to satisfy a judgment previously
entered against them. Their attorney, W. Richard Baker, Jr., insists
that the Chancellor was in error in not enforcing a lien for his
attorney fees that he claimed was properly perfected as to the same
funds. We affirm.
http://www.tba.org/tba_files/TCA/juddinc.wpdSTATE OF TENNESSEE v. FARON DOUGLAS PIERCE
Court:TCCA
Attorneys:
Charles Deas, Maryville, Tennessee, for the appellant, Faron Douglas
Pierce.
Paul G. Summers, Attorney General & Reporter, Mark A. Fulks, Assistant
Attorney General, and William Reed, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: WADE
First Paragraph:
The defendant, Faron Douglas Pierce, was convicted of one count of
aggravated robbery. See Tenn. Code Ann. S 39-13-402. The trial court
imposed a Range II sentence of 20 years in the Tennessee Department of
Correction. In this appeal as of right, the defendant challenges the
sufficiency of the evidence and contends that his sentence is
excessive. Because the evidence is sufficient and because the
defendant has failed to demonstrate that his sentence is excessive, we
affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/piercefd.wpdTransportation of Persons with Mental Illness in Shelby County
Date: November 8, 2000
Opinion Number: 00-172
http://www.tba.org/tba_files/AG/OP172.pdf

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